No matter how hard they try, the Appellate Courts can’t seem to get away from the steady chorus of judges who continue to protest that the Guidelines in general, and the crack-cocaine sentencing disparities in particular, are grossly unfair - particularly to the Afro-American community who comprise the great majority ...

It is beyond denial that entrapment has become an indispensable and frequently used tactic in an enormous number of Government prosecutions; and perhaps because it is deemed so critical to the administration of justice in America, most courts are leery of any restrictions on the practice. It is also beyond ...

You may not get a sentencing break if you are a drug addict in this country - but, as this case shows, you
usually can if you are a former law enforcement official turned bad. The defendant in this case was a
suspended deputy sheriff from New Mexico. He was ...

Case held that a 32 month delay in reporting of a stste offense did not preclude the sentencing of a defendant for violation of his supervised release with a sentence to run consecutively to the state sentence.

Here the defendant argued that the delay in reporting the violation of the ...

In its discussion of the Assimilated Crimes Act (ACA) the court noted, inter alia, that "Prosecution under the ACA is for enforcement of federal law assimilating a state statute, not for enforcement of a state law. . . . The purpose of the ACA is to provide a body of ...

Here, although the Court joined with other Circuits in "encouraging strict adherence" to Fed.R.Crim.P. 24(c) dealing with the use of peremptory challenges, it held that the defendant had suffered no prejudice and thus was not entitled to a new trial.

Among the issues raised in this case was one that ...

United States v. Tilghman, 134 F.3d 414 (D.C.Cir. 1998) (Judge Tatel)
United States v. Saenz, 134 F.3d 697 (5th Cir. 1998) (Per Curiam)

It is easy to understand why it is often so difficult for defense counsel to object when a judge abandons his or her role of absolute neutrality ...

This case it noted for its detailed discussion of the "failure to train" rules that govern municipal liability in a civil rights action under § 1983, as set forth in Monell v. Dept. of Social Servs. of New York, 436 U.S. 658 (1978).

The 67 year-old defendant in this case pled guilty to importing 1,227 grams of heroin in ingested pellets. He was sentenced to 57 months in prison. On appeal his principal argument was that the district court had erred by refusing to grant him a downward departure at sentencing, pursuant to ...

This case is noted, briefly, because it explores, equally briefly, the all-too-frequent practice of asking hypothetical “guilt assuming” questions of the defendant’s character witnesses. In this case the defendant was convicted of various drug crimes. During trial, the Government asked a series of questions of his character witnesses such as ...

It should be apparent by now that defendants who take advantage of the Supreme Court’s ruling in Bailey
v. U.S., 516 U.S. 137 (1995) by appealing that portion of their conviction that related to using a firearm during the commission of a drug trafficking offense in violation of 18 U.S.C. ...

It should be apparent by now that defendants who take advantage of the Supreme Court’s ruling in Bailey
v. U.S., 516 U.S. 137 (1995) by appealing that portion of their conviction that related to using a firearm during the commission of a drug trafficking offense in violation of 18 U.S.C. ...

United States v. Tilghman, 134 F.3d 414 (D.C.Cir. 1998) (Judge Tatel)
United States v. Saenz, 134 F.3d 697 (5th Cir. 1998) (Per Curiam)

It is easy to understand why it is often so difficult for defense counsel to object when a judge abandons his or her role of absolute neutrality ...

United States v. Tilghman, 134 F.3d 414 (D.C.Cir. 1998) (Judge Tatel)
United States v. Saenz, 134 F.3d 697 (5th Cir. 1998) (Per Curiam)

It is easy to understand why it is often so difficult for defense counsel to object when a judge abandons his or her role of absolute neutrality ...

Court reversed a third conviction of wire fraud, finding that the Government had failed to prove that the defendant/attorney had any actual knowledge of the fraud of his client or that he had taken any active role in his client's wrongdoing.

Here the Court held that the district court must impose a sentence falling within the Guidelines range notwithstanding his personal opinion that 'the Guideline range is disproportionate and unduly harsh'." (Id., at 407).

No matter how hard they try, the Appellate Courts can’t seem to get away from the steady ...

Here, the Court rejected the defendant's argument that the crimes at issue did not cause or threaten the harm or evil sought to be prevented by the law proscribing the offense at issue, pursuant to U.S.S.G. § 5K2.11.

No matter how hard they try, the Appellate Courts can’t seem to ...

Here the Third Circuit reversed Judge Dalzell's courageous decision in which he granted habeas relief due to gross prosecutorial misconduct on the technical grounds that the defendant had failed to exhaust her state remedies.

United States v. Tilghman, 134 F.3d 414 (D.C.Cir. 1998) (Judge Tatel)
United States v. Saenz, 134 F.3d 697 (5th Cir. 1998) (Per Curiam)

It is easy to understand why it is often so difficult for defense counsel to object when a judge abandons his or her role of absolute neutrality ...

QUOTE OF THE WEEK - One view of the commonly-held fallacy that curative instructions are an effective means of undoing the damage that has been wrought by inappropriate comments and the admission of improper evidence.

"It is better to follow the rules than to try to undo what has been ...

In this mail fraud/securities fraud case, one of the issues raised on appeal pertained to the refusal of the trial court to give certain requested jury instructions. The Sixth Circuit agreed and reversed the convictions obtained, holding that the failure to give the resuested instructions was error and it was ...

In this case the principal issue was whether the district court had erred by sentencing the defendant to five years probation for her conviction under the Assimilated Crimes Act (ACA) when the maximum term of probation under state law was one year. The Court held that "Because of the strong ...

Here the Court reversed a conviction after the police stopped two black males in a car after receiving radio alerts that two black males had robbed a series of banks, holding that the mere fact the defendants were black was not probable cause.

In this case a police officer in ...

QUOTE OF THE WEEK - One view of the commonly-held fallacy that curative instructions are an effective means of undoing the damage that has been wrought by inappropriate comments and the admission of improper evidence.

"It is better to follow the rules than to try to undo what has been ...

The key issue on appeal was the implied malice instruction. At the close of the guilt phase of the Petitioners' trial, the trial court instructed the jury that murder is "the killing of any person with malice aforethought, either expressed or implied." The trial court explained that "malice may be ...

One of the issues raised in this case was whether it was proper to admit the testimony of the defendant's partner concerning why their limited partnership collapsed. The Court held that "the only rational reasons the prosecution could have offered [the witness'] testimony were for its effect as bad character ...

The defendant in this case was originally arrested on a mail theft charge. He was released on bond; and
after he subsequently failed to appear, he was subsequently indicted for failure to appear pursuant to 18
U.S.C. § 3146. At trial, the mail fraud charges were dismissed; but he was ...